WP/20895/2019 of Gurram Govindayya Vs The State of Andhra Pradesh, on 31 December 2019

ORDER:

1. This writ petition under Article 226 of Constitution of India is filed, to declare the action of respondents in proposing to grant mining permission to third parties, for mining black stone in Sy.No.54 of Yeleswaram village, which is hill area, even without considering representation submitted by petitioner and others on 11.11.2019 during Spandana programme, as well as through registered post with acknowledgment due on 13.11.2019, as illegal, arbitrary, consequently direct respondents not to grant any mining lease in Sy.No.54 of Yeleswaram village.

2. The petitioner is permanent resident of Lingamparthy village, Yeleswaram Mandal, East Godavari District. The respondents proposed to accord permission for mining operations in Sy.No.54 of Yeleswaram village. The petitioner along with others have objected the same, as it would cause damage to prestigious Yeleswaram project. Thereupon, respondents yielding to the pressure of political leaders, visited the site, took measurement, without considering the representation, even after lapse of 1 ½ year. Therefore, the proposed action to grant mining lease in Sy.No.54 of Yeleswaram village is illegal and arbitrary.

3. It is specifically contended that any permission accorded for mining within 500 meters from Yeleswaram canal, is prohibited. Therefore, requested not to grant any mining lease in Sy.No.54 of Yeleswaram village.

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4. During hearing the learned counsel for petitioner would draw the attention of this Court to representation made to respondents by petitioner both in Spandana programme and by registered post with acknowledgment due, but no action was taken. However, contemplating to grant mining lease in Sy.No.54 of Yeleswaram village which is hill area and bund of Yeleru canal, if any blasting operations are taken place in the area, it would cause damage to bund of Yeleru canal, requested to issue direction as sought for.

5. Whereas, the learned Assistant Government Pleader for Mines and Industries, placed on record, written instructions, contending that no blasting operations are going on in Sy.No.54 of Yeleswaram village and the representation of petitioner is forwarded to Director of Mines and Geology on 27.11.2019 who in turn directed Assistant Director of Mines and Geology to submit detailed report. At present no quarry lease was in operation, requested to pass appropriate order.

6. No doubt land in Sy.No.54 of Yeleswaram village is hill area, adjacent to Eleswaram project and as per the report of National Institute of Rock Mechanics (NIRM), Scientists carried out field investigation from 23.07.2008 to 31.07.2008. The study show that the record peak particle velocity beyond 200 meters was attenuating to levels below 0.5 mm/s. considering the critical structures of Yeleru reservoir as objects of historic importance and sensitive structures, most conservatively permissible vibration levels of 2mm/s as per DGMS standard is recommended. The quarrying operations in S.No.54 of Yeleswaram village shall be restricted beyond to 500

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meters from earthen dams/reservoir structures etc. The normal blasting practice following during the field investigation shall be continued. Keeping in view of the apprehensions and practical aspects in view, it is recommended to restrict the charge per hole and maximum charge per delay to 0.65 kg only. In view of the safety of Yeleru reservoir and the associated structures, it is strongly recommended to carry out periodic maintenance. It is recommended to strengthen the exposed/eroded rock masses in the abutments of gap 3 and 4 and earthen dams by grouting, treating, repairing etc., to avoid further deterioration.

7. Therefore, as per the report, any blasting operations, taken place within 500 meters, would cause damage of earthen bund of Yeleru reservoir and similarly, another report is also placed on record which shows that if any blasting operations have taken place within 500 meters of reservoir/bund it would cause damage to reservoir and it will cause serious damage to residents of border villages.

8. Therefore, in view of apprehension to cause damage to the bund and consequent damage to residents of adjacent villages, recording the submission of learned Assistant Government Pleader for Mines and Industries, that no mining operations are going on as on date in Sy.No.54 of Yeleswaram village, respondents are directed not to grant any mining lease, within 500 meters of Yeleru reservoir/bund.

9. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

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10. Consequently, miscellaneous petitions, pending if any, shall stand closed.

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JUSTICE M. SATYANARAYANA MURTHY

Dated 31.12.2019 Rvk